(a)
Purpose.
Landscaping is accepted as adding value to
property and is in the interest of the general welfare of the City.
The City Council of the City of Lancaster has declared that a goal
for the City is to provide an optimal quality of life for all citizens
of Lancaster by improving the appearance of the City through increased
public and private landscaping and reducing litter.
(b)
Intent.
These landscaping regulations provide standards
and criteria for new landscaping with live plant material, and are
intended to promote the value of property, enhance the general welfare,
improve the physical appearance of the City, and enhance the community's
ecological, environmental and aesthetic qualities. It is further the
intent of this Article:
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To establish requirements for the installation and maintenance
of landscaping elements and other means of site improvement on existing
and newly developed property in order to enhance the community's ecological,
environmental and aesthetic qualities:
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To reduce the negative effects of increases in air temperatures,
glare, noise, erosion and sedimentation caused by expanses of impervious
and non-vegetated surfaces within the urban environment;
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To preserve and improve the natural urban environment by recognizing
that the use of landscaping elements can contribute to the processes
of air purification; oxygen regeneration; groundwater recharge; stormwater
runoff retardation; and the abatement of noise, glare and heat;
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To safeguard and enhance property values and protect public
and private investment; and
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To support water conservation.
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(Ordinance 2017-06-21, sec. 2 (14.801),
adopted 6/26/17)
(a)
Applicability.
(1)
Except as otherwise provided herein, this article applies to all
uses on a lot when an application for a building permit for work on
the lot is made.
(2)
This article does not apply to:
(1)
Any property with a previously approved landscape and/or site plan
prior to adoption of this article, unless such plan is required to
be resubmitted for consideration; and
(2)
Restoration of a building that has been damaged by fire, flood, explosion,
riot, act of the public enemy, other natural disaster, or accident
of any kind, if said structure may be restored under the nonconforming
use provisions of the Comprehensive Zoning Ordinance. For purposes
of this Subsection, restoration means the act of putting back into
a former or original state.
(3)
Planned Development Districts.
Landscaping requirements
consistent with the standards and purposes of this article shall be
a part of all ordinances establishing or amending planned development
districts, unless otherwise approved by the City Council.
(4)
Exceptions.
The Planning
and Zoning Commission may grant a special exception to the requirements
upon evidence presented that:
(a)
Strict compliance with the requirements of this article will unreasonably
burden the use of the property;
(b)
The requirements are not imposed by a site-specific landscape plan
approved by the Planning and Zoning Commission or City Council; or
(c)
The extent to which other existing or proposed amenities will compensate
for the reduction of landscaping.
(5)
Permits.
(a)
No permit shall be issued for building, paving, grading, construction
or reconstruction until a detailed landscape plan complying with this
section is approved by the building official. Prior to the issuance
of a certificate of occupancy, all landscaping shall be in place in
accordance with the approved landscape plan.
(b)
If the Building Official determines that it would be impractical
to plant trees, shrubs or grass or to lay turf, due to adverse weather
conditions or the season of the year, a temporary certificate of occupancy
may be issued. Issuance of a temporary certificate of occupancy will
be subsequent to receipt of a letter of agreement from the property
owner, tenant and/or agent agreeing to compliance with the terms of
this section stating when the installation shall occur, and a letter
of credit or bond for one hundred fifty percent (150%) of the estimated
cost of the landscaping. All required landscaping shall be installed
within six (6) months of the date of the issuance of the temporary
certificate of occupancy.
(Ordinance 2017-06-21, sec. 2 (14.802),
adopted 6/26/17)
(a)
Landscape Plan Required.
A landscape plan shall be submitted
to the City for approval by the Director of Development Services or
designee prior to the issuance of a building, paving, grading or construction
permit. The Director or designee shall review the landscape plan to
determine compliance with the criteria of these regulations. If the
plans are not in compliance, they shall be disapproved and shall be
accompanied by a written statement setting forth the changes necessary
for compliance.
(b)
Plan Content.
Landscape plans shall be prepared by a
registered Landscape Architect knowledgeable in plant material usage
and landscape design (e.g., landscape architect, landscape contractor,
landscape designer) and shall contain the following minimum information
in the form and number as prescribed by the City:
(1)
Date, scale, north arrow, and the names, addresses, and telephone
numbers of both the property owner and the person preparing the plan.
(2)
Project name, street address, and lot and block description.
(3)
Location of existing boundary lines and dimensions of the lot, street
address, approximate centerline of existing watercourses and the location
of the 100-year floodplain, if applicable; the approximate location
of significant drainage features; and the location and size of existing
and proposed streets and alleys, utility easements, driveways and
sidewalks on or adjacent to the lot.
(4)
Location, height, and material of proposed screening and fencing
(with berms to be delineated by one-foot contours).
(5)
Locations and dimensions of proposed landscape buffer strips.
(6)
Complete description of plant materials shown on the plan, including
names, locations, quantities, container or caliper sizes at installation,
heights, spread, and spacing. The location and type of all existing
trees on the lot over six inches in caliper must be specifically indicated.
(7)
Complete description of landscaping and screening to be provided
in or near off-street parking and loading areas, including information
as to the amount (in square feet) of landscape area to be provided
internal to parking areas, the total square footage included in the
parking area, and the number and location of required off-street parking
and loading spaces.
(8)
A computation or table showing the landscaping that is required and
the landscaping being provided.
(9)
Location and description, by type and size, of existing trees proposed
to be retained. Such trees shall be marked and drip line of said trees
shall be protected prior to and during all construction, including
all dirt work.
(10)
Size, height, location and material of proposed seating, lighting,
planters, sculptures, water features and landscape paving and other
site amenities.
(11)
Identification of visibility triangles on the lot for all driveway
intersections with public streets.
(12)
Trees relocated on-site must be identified with their existing and
proposed locations.
(13)
Location of centerlines of overhead and underground utility lines
adjacent to and within the building site, and the location of all
utilities, utility easements, including the location of utility poles,
generators, and equipment.
(Ordinance 2017-06-21, sec. 2 (14.803),
adopted 6/26/17)
(a)
Right-of-way Landscaping Requirements.
(1)
Streetscape Buffer.
A Street Landscape Buffer strip
with a minimum width of 6 feet, must be provided along the entire
length of the property to be developed, between the back-of-curb and
sidewalk, that is adjacent to any residential land use. This shall
also apply to all commercial land uses where there is no adjacent
on-street parking. This shall be exclusive of driveways and access-ways.
(2)
Street Tree Requirement.
Large shade trees, as defined in Section 8.05 for rights-of-way, shall be provided in the required buffer in numbers equal to one tree for each fifty feet of street frontage.
(A)
When the location of local utility prohibits planting large trees,
two small trees may be planted for each large tree.
(3)
Other Landscaping.
All street rights-of-way located
adjacent to the development shall be improved with grass or ground
cover material and shall be maintained. It shall be the responsibility
of the developer to design the irrigation system within the lot to
ensure that the grass placed in the right-of-way is watered and maintained
and to ensure that minimal water will enter the street itself. The
designer of the irrigation system shall base the design on the ultimate
proposed width of the street when designing the system. The plans
for design of the irrigation system shall be approved by the City
prior to installation.
(b)
Required Site Landscaping.
(1)
Minimum Landscaping Requirements.
(A)
Area Required.
For all nonresidential and multi-family
(with more than 6 units) parcels, at least twenty percent (20%) of
the site shall be permanently landscaped. All of the required landscaped
area shall be located in the Street Yards, side yards and parking
lots.
(B)
Trees Required.
At least one large tree shall be provided
as follows:
(1)
Street Yards Less than 10,000 square feet.
In
Street Yards of less than ten thousand (10,000) square feet, one (1)
tree per one thousand (1,000) square feet, or fraction thereof, of
Street Yard.
(2)
Street Yards More than 10,000 square feet.
In
Street Yards of more than ten thousand (10,000) square feet, ten (10)
trees plus one (1) tree per two thousand (2,000) square feet, or fraction
thereof, of Street Yard area over ten thousand (10,000) square feet.
(3)
Credits for Existing Trees.
Any trees not listed
on the City's non-Protected Tree list that are preserved on a site
may be credited toward meeting the tree requirement of any landscaping
provision of this section according to the following table:
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Diameter
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Credit Toward
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6" to 8"
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1.0 tree
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9" to 30"
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1.5 trees
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31" to 46"
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2.0 trees
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47" or more
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3.0 trees
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Note 1: Tree diameter shall be measured
four and one-half feet (4-1/2') above natural grade.
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Note 2: Due to their limited height and
size, mesquite trees will receive only fifty percent (50%) of the
above credit for tree preservation.
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(4)
Ornamental Trees.
Two (2) ornamental trees may
be substituted for one (1) required large tree. Not more than fifty
percent (50%) of the required large trees may be substituted by installing
ornamental trees. Ornamental trees shall be a minimum of six feet
(6') in height at the time of planting.
(5)
Shrubbery Required.
At least one shrub shall be
required for every fifty (50) square feet of the required landscape
area. Placement of such shrubbery shall be taken into consideration
as to the plant at full maturity, and be located so as not to conflict
with vehicular or pedestrian traffic visibility.
(6)
Ground Cover Required.
At least ten percent (10%)
of the required landscape area shall be maintained in ground cover.
The remaining landscape area shall be maintained in lawn grasses and
mulch used around bedding plants, shrubs and trees.
(C)
Location of Landscaping. No less than thirty
percent (30%) of the total requirement shall be located in front of
and along the side of buildings with street frontage in Multi-family
and Commercial zoning districts, including the ORT district. One hundred
percent (100%) of the total requirement shall be located in front
of and along the side of buildings with street frontage in Industrial
zoning districts, not including the ORT district.[1]
(D)
Detention Basins. Detention basins shall be
landscaped in a natural manner using grown [ground] cover, grasses,
shrubs and trees in all dry land areas. There shall be a minimum of
one (1) tree for each 750 square feet of dry land area.[2]
(1)
In the interest of public health, detention basins should be
used sparingly and alternative methods of collecting and filtering
stormwater should be considered as not to promote standing water.
(c)
Landscaping for Nonresidential Land Uses.
(1)
Screening of Parking.
Where on-site parking is located
adjacent to a street, roadway or public open space, a minimum ten-foot
(10') landscape buffer is required between the property lines and
any parking, paving or internal driveways. Driveway openings are permitted
in the landscape buffer area. The area of the landscaped buffer may
be included in the total required landscape area for the lot.
(A)
Location.
The landscaped buffer requirement shall apply
to all sides of the lot adjacent to a public street, open space or
right-of-way.
(B)
Screen.
The screening shall be between a minimum height
of three feet (3') and a maximum of four feet (4') above the grade
of the parking lot and located adjacent to the parking lot. Screening
shall be opaque and consist of shrubs and/or berms.
(2)
Internal Parking Lot Landscaping.
It is the intent of
this subsection to encourage the high-quality design and construction
of parking areas in the City. It is also the intent of this section
to aid in the abatement of noise, glare and heat associated with large
expanses of hard paved surfaces and motor vehicles.
(A)
Parking Lot Landscape Area.
Parking lot landscape area
requirements shall be on the percentage of parking located between
the building facade and the R.O.W.:
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Less than 25% = 15 sq. ft. per parking stall
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25% - 75% = 20 sq. ft. per parking stall
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Greater than 75% = 30 sq. ft. per parking stall
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Notwithstanding the standards above, the parking lot
landscaping area requirement may be reduced by fifty percent (50%)
for that portion of parking located behind the building's or development's
primary facade.
(B)
Distribution of Islands, Peninsulas and Medians.
The
number, size and shape of islands, peninsulas and medians, in both
street and non-Street Yards shall be at the discretion of the property
owner or applicant. All required islands, peninsulas and medians shall
be more or less evenly distributed throughout such parking areas.
However, the distribution and location of landscaped islands, peninsulas
and medians may be adjusted to accommodate existing trees or other
natural features so long as the total area requirements for landscaped
islands, peninsulas and medians for the respective parking areas above
are satisfied.
(1)
Planter islands shall have a minimum width of ten feet (10')
from edge of pavement to edge of pavement unless used as a landscape
buffer between parking bays, which shall be a minimum of five feet
(5') in width.
(2)
No required parking space may be located more than eighty feet
(80') from the trunk of a large canopy tree. Notwithstanding the minimum
planter dimension above, where required to meet this standard, the
minimum size tree planting area shall be five (5) feet square and
only trees approved for use in street rights-of-way may be used.
1.
The center of no tree may be planted closer than two and one-half
feet (2-1/2') to the pavement.
 EXAMPLE OF A LANDSCAPE BUFFER BETWEEN PARKING BAYS
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(C)
Planting Requirements.
All planter islands in parking
areas shall contain a minimum of one (1) canopy tree with the remaining
area in shrubs, ground cover, grasses or seasonal color. Planter islands
which have light poles for lighting the parking areas may substitute
two (2) understory/accent trees for the required canopy tree.
(3)
Screening of Off-Street Loading Docks.
(A)
Off-street loading docks in Commercial and Industrial zoning classifications
must be screened from all public streets and open space, and any residential
district that abuts or is directly across a public street or alley
from the lot.
(B)
Screening may be achieved by any method listed above, but must be
at least 8 feet (8') in height.
(4)
Screening of Trash Dumpsters.
All refuse storage areas
for trash dumpsters shall be visually screened by a solid masonry
fence not less than 6 feet (6') in height. Six-inch (6") concrete
filled steel protective poles shall be placed at possible impact areas.
The access area shall not face a public street unless otherwise approved
during site plan approval.
Dumpster storage should be located to the rear of building with
proper access. Trash dumpsters shall not be located in any required
parking space and shall allow proper access by service trucks. Dumpster
pad sites shall be designed to City standards specified in the Subdivision
Standards of Design.
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(5)
Screening from Residential Uses.
(A)
Any Commercial or Industrial use or parking lot that has a side or
rear contiguous to any Residential district, shall be screened with
a masonry fence (excluding tilt wall or concrete block unless approved
by the Planning and Zoning Commission) which is a minimum of six feet
(6') in height, unless otherwise approved by the Planning and Zoning
Commission. Berms in conjunction with a fence can be utilized to meet
this requirement. Any ordinances concerning sight obstructions of
intersections shall be applicable to the screen where it is intersected
by a street, alley or driveway.
(B)
Prior to construction of any required screens, complete plans showing
type of material, depth of beam, and structural support shall be reviewed
by the Director to determine whether or not:
(C)
Such screen shall be constructed prior to the issuance of a Certificate
of Occupancy for any building or portion thereof.
(D)
The areas adjacent to the required screening wall, or areas adjacent
to a public street or right-of-way, shall be maintained by the property
owner in a clean and orderly condition, free of debris and trash in
accordance with the applicable codes of the City.
(6)
Special Requirements for Facilities with Gasoline Sales.
(A)
Gasoline service stations, retail gasoline sales and other similar
uses as determined by the Director shall require a minimum landscaped
area of fifteen percent (15%) of the total lot area.
(B)
Gasoline service stations and other retail gasoline sales shall also
provide a minimum six hundred (600) square foot landscaped area at
each driveway intersection and at each corner of the lot adjacent
to a street frontage. This additional landscaped area may be counted
toward the minimum fifteen percent (15%) requirement.
(d)
Dimensions of Landscaping.
All required landscaping
shall be no less than five feet (5') wide and a minimum of 25 square
feet in area.
(Ordinance 2017-06-21, sec. 2 (14.804),
adopted 6/26/17)
(a)
General.
(1)
No Artificial or Synthetic Plant Material.
No artificial
or synthetic plant materials may be used to satisfy the requirements
of this article.
(2)
Soil and planting area requirements.
(A)
In general.
Planting areas dedicated to the growth of
roots may include open space areas, covered soil areas, root paths,
and drainage.
(B)
Planting area requirements, except as provided in this section, must
meet the following requirements.
(1)
For each small tree installation, a minimum of 24 inches (24")
of soil depth and 25 square feet of open soil area (total of 50 cubic
feet).
(2)
For each medium and large tree installation, a minimum of 36
inches (36") of soil depth and 200 square feet of open soil area (total
of 600 cubic feet).
(3)
Trees may share open soil area.
(4)
Large trees and medium trees must be planted a minimum of four
feet (4') from pavement.
(5)
The planting area must have native soil, prepared soil, or structural
soil, and may include permeable pavement, sidewalks support systems,
and soil cells.
(C)
Waivers.
The Director of Development or designee may
waive the minimum open soil and planting area requirements if a landscape
architect certifies that:
(1)
The proposed alternative soil depth and dimensions are sufficient
to support the healthy and vigorous growth of the plant material affected;
(2)
The depth to impermeable subsurface prohibits minimum soil depth
requirements; or
(3)
That the proposed structural soil or suspended pavement system
are sufficient to support healthy and vigorous growth of the plant
material.
(3)
Approved Plant List.
(A)
Plant materials shall conform to the standards of the American Standard
for Nursery Stock. Grass seed, sod and other material shall be clean
and reasonably free of weeds and noxious pests and insects. Plant
materials used to satisfy the requirements of this article must comply
with the following minimum size requirements at the time of installation:
(B)
A list of acceptable plant material will be maintained by the City
and updated annually to ensure it is in coordination with industry
standards.
(C)
All required landscaped open areas shall be completely covered with
living plant material. Landscaping materials such as wood chips and
gravel may only be used under trees, shrubs and other plants.
(D)
Trees.
All trees shall comply with the following:
(1)
A maximum of 35 percent (35%) of the required or replacement
trees planted on a lot or tract may be of a single species.
(2)
Palm trees may not be used to satisfy the requirements of this
article.
(3)
Invasive plant material is prohibited in required landscapes[.]
(4)
A large tree shall have a caliper measuring at least three inches
(3") in caliper when measured six inches (6") above the ground.
(5)
An ornamental tree shall measure at least one inch (1") in caliper
when measured six inches (6") above the ground.
(E)
Shrubs.
Shrubs except of the dwarf variety shall be
a minimum of two feet (2') in height when measured immediately after
planting. Hedges, where installed for screening purposes, shall be
planted and maintained so as to form a continuous, unbroken, solid
visual screen which will reach the required height within one (1)
year after the time of planting.
(F)
Vines.
Vines not intended as ground cover shall be a
minimum of two feet (2') in height immediately after planting and
may be used in conjunction with fences, screens or walls to meet landscape
screening requirements.
(G)
Grass.
Grass areas shall be sodded, plugged, sprigged,
hydro-mulched or seeded. However, solid sod shall be used in swales,
on earthen berms or in other areas subject to erosion.
(H)
Ground Cover.
Ground cover used in lieu of grass in
whole and in part shall be planted in such a manner as to present
a finished appearance and reasonably completed coverage within one
(1) year of planting.
(I)
Berms.
Earthen berms shall have side slopes not to exceed
33 percent (33%) or 3:1 slope. All berms shall provide necessary drainage
provisions which shall also be shown on any required site drainage
plans.
(J)
Obstruction Prohibited.
All placement of landscaping
materials, with the exception of turf and grass covered areas, shall
be designed so that any interference with pedestrians loading and
unloading in designated parking areas is minimized; and so that the
normal parking of vehicles and opening of doors in designated parking
areas will not open into or damage the landscaping materials.
(K)
Height.
For purposes of this subsection, "height" is
measured from the root crown or, if the plant is in a container, from
the soil level in the container.
(b)
Xeriscape Landscaping:
1.
Xeriscape
landscaping is an innovative, comprehensive approach of landscaping
to promote water conservation. Xeriscape landscaping incorporates
seven basic principles: planning and design, soil analysis, appropriate
plant selection, practical turf areas, efficient irrigation, use of
mulches and appropriate maintenance. These principles are explained
below in the order a landscape planner or property owner would consider
installing the best possible landscape. Each principle must be considered
during the planning and design phase, as the sequence of installation
is also very important is assuring a successful xeriscape.
a.
Planning & Designing:
To get the look and function
wanted while conserving water, create a landscape design. Draw the
yard, including the locations of existing structures, trees, shrubs,
and grass areas. Then, consider parts of the yard, how it should look,
the amount of maintenance desired and the associated budget.
b.
Evaluate soil and improve if necessary:
Soils can vary
within a given site; an analysis based on random sampling can provide
information for plant selection and soil amendments. The soils in
North Texas range from clay to sand, and both are low in organic material.
Whether clay or sand, the soil in your landscape will benefit from
the addition of sphagnum peat moss, compost, aged manure or other
decomposed organic materials. This will improve root development and
water penetration and retention. Consult with a local nursery or County
Extension Office on how to improve the soil before planting and installing
the irrigation system.
c.
Use appropriate plants:
Most plants have a place in
xeriscape even those that have high water needs. Plant selection should
be based on the plant's adaptability to the existing conditions present
at the landscaped area and native plant communities particularly considering
appropriate hardiness zone, soil type and moisture conditions, light,
mature plant size, desired effect, color and texture. Plant species
that are drought and freeze tolerant are preferred. Use of more plants
with low water needs and native plants will allow the maximum water
conservation. A list of approved plant material can be found in Appendix
L in the "Tree Technical Manual: Arboricultural Specifications &
Standards of Practice."
d.
Create practical turf areas:
The type and location of
turf areas should be considered a major design element of the landscape.
The selection and location of turf should be decided on the same basis
as other plantings, such as your purpose and function of the landscape.
The reduction or elimination of high water use turf areas and locating
them separately so that they may be watered more efficiently, can
result in significant reductions in water use. Turf grass areas shall
be consolidated and limited to those areas on the site that receive
pedestrian traffic and provide for recreation use.
e.
Water efficiently:
If an irrigation system is to be
installed, it should be well planned and well managed. Turf areas
should be watered separately. Group plants with like water needs,
and water each group on separate zones. Not all plants need the same
amount of water. Irrigation needs change with the season and the weather.
Irrigate according to the needs of the plants rather than watering
on a fixed schedule. Even plants used in xeriscape will require supplemental
irrigation until they become established, which can take between two
to three years.
f.
Use organic mulch:
Mulch minimizes evaporation, reduces
weed growth, slows erosion and helps prevent soil temperature fluctuations.
Organic mulch such as wood chips or bark is best and although this
mulch will decompose slowly over time, it will improve the soil by
adding nutrients. The use of plastic is not recommended because it
will cause organic mulch to slide or shift in location, preventing
air and water from filtering into the soil, causing increased water
runoff. Inorganic mulch, such as rock, should be used sparingly. Surrounding
a home with rock will increase the temperatures, making the environment
too warm for plants and people.
g.
Maintain appropriately:
Proper pruning, weeding, and
fertilization, plus attention to the irrigation system, will preserve
and enhance the quality of xeriscape. A landscape adapted to the environment
will require less maintenance, less fertilizer and reduce the use
of pesticides and other chemicals.
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Develop a general maintenance schedule
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Reapply organic mulches once a year.
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Mow when your grass is at the appropriate height, removing no
more than one-third of the blade.
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Learn best practices for mowing turf grass.
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Fertilize your lawn, shrubs, and trees at the proper times and
use the correct amount.
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Check your irrigation system periodically to ensure it is operating
efficiently.
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Maintain your yard tools.
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2.
Any
planned and maintained area that contains xeriscape plants must have
visible physical borders around the boundaries of the permitted use
accent areas. The physical borders of the permitted use accent areas
must be sufficient in depth and height to maintain separation of xeriscape
plants and turf grasses. It will be the responsibility of the land
owner to keep xeriscape plants from growing or hanging over the borders
in a manner that prevents visibility of the borders.
3.
In
order to reduce excessive water use, Xeriscape landscaping is encouraged.
The total square footage of the required landscape area may be 100%
xeriscape landscaping, if all landscaping materials are from the xeriscape
landscaping approved list attached as Appendix L [not printed herein].
(c)
Distance from overhead electric distribution lines.
(1)
Large and medium trees must be planted a minimum of 30 feet (30')
from the closest point of an overhead electric distribution line.
(d)
Adequate space.
All trees must be planted with adequate
space to allow unobstructed growth to maturity.
(e)
Protection of Landscape Areas.
(1)
Protection of Landscaping.
Required landscape areas
must be protected from vehicular traffic through the use of concrete
curbs, or other permanent barriers. Vehicular wheels shall be prevented
from extending into landscaped areas.
(2)
Nonresidential Development.
(A)
During any construction or land development, the developer shall
clearly mark all trees to be preserved on-site and may be required
to erect and maintain protective barriers around all such trees or
group of trees. No living trees greater than eight inches (8") in
caliper may be cut, destroyed or damaged on the development site until
approved as part of the landscape plan.
(B)
The developer shall not allow the movement of equipment or the storage
of equipment, materials, debris or fill to be placed within the drip
line of any trees.
(C)
During the construction stage of development, the developer shall
not allow the cleaning of equipment or material under the canopy of
any tree or group of trees to be preserved. The developer shall not
allow the disposal of any waste material such as, but not limited
to, paint, oil, solvents, asphalt, concrete or mortar under the canopy
of any tree or group of trees to be preserved.
(D)
No attachments, nails, screws or wires of any kind, other than those
of a protective nature, shall be attached to any tree.
(3)
Residential Development.
(A)
Prior to any land development, the developer shall clearly mark all
trees to be preserved on-site and may be required to erect and maintain
protective barriers around all such trees or groups of trees. No living
trees greater than eight inches (8") in caliper may be cut, destroyed
or damaged on the development site until approved as part of the preliminary
plat.
(B)
No land may be proposed for development within twenty-four (24) months
of having been cleared for agricultural purposes.
(C)
During the construction stage of development, the developer shall
not allow the cleaning of equipment or material under the canopy of
any tree or groups of trees to be preserved. The developer shall not
allow the disposal of any waste materials such as but not limited
to paint, oil, solvents, asphalt, concrete or mortar under the canopy
of any trees or groups of trees to be preserved.
(D)
No attachments, nails, screws or wires of any kind, other than those
of a protective nature, shall be attached to any tree.
(f)
Irrigation Requirements.
(1)
General.
(A)
All landscape irrigation shall be designed by a registered licensed
irrigator.
(B)
The owner shall be responsible for the health and vitality of plant
material through irrigation of all landscaped areas and plant materials,
and shall
(1)
Provide a moisture level in an amount and frequency adequate
to sustain growth of the plant materials on a permanent basis.
(2)
Be in place and operational at the time of the landscape inspection
for Certificate of Occupancy.
(3)
Be maintained and kept operational at all times to provide for
efficient water distribution.
(2)
Irrigation Methods.
(A)
Landscaped Areas.
One of the following irrigation methods
shall be used to ensure adequate watering of plant material in landscaped
areas:
(1)
Conventional System.
An automatic or manual underground
irrigation system which may be a conventional spray or bubbler type
heads.
(2)
Drip or Leaky-Pipe System.
An automatic or manual
underground irrigation system in conjunction with a water-saving system
such as a drip or a leaky-pipe system.
(3)
Temporary and Above-Ground Watering.
Landscape
areas utilizing xeriscape plants and installation techniques, including
areas planted with native grasses and wildflowers, may use a temporary
and above-ground system, and shall be required to provide irrigation
for the first two growing seasons only.
(B)
Natural and Undisturbed Areas.
No irrigation shall be
required for undisturbed natural areas or undisturbed existing trees.
(Ordinance 2017-06-21, sec. 2 (14.805),
adopted 6/26/17; Ordinance
2018-11-46 adopted 11/12/18)
(a)
Visibility Triangles.
A landscape plan showing the plan
of the street on both sides of each proposed drive/street to the proposed
development with the grades, curb elevations, proposed street/drive
locations, and all items (both natural and man-made) within the visibility
triangles as prescribed below shall be provided with all site plans,
if they are not on engineering plans that are submitted at the same
time. This plan shall show no horizontal or vertical restrictions
(either existing or future) within the areas defined below.
(b)
Visibility Triangles–Defined.
No fence, wall[,]
screen, billboard, sign face, tree or shrub foliage, berm, or any
other item, either man-made or natural shall be erected, planted,
or maintained in such a position or place so as to obstruct or interfere
within the following minimum standards; however, on non-residentially
zoned lots, a single pole for mounting a sign may be placed within
this area provided the pole does not exceed 12 inches (12') in diameter,
and provided every portion of the sign has a minimum height clearance
of 9 feet (9'):
(1)
Vision at all intersections which intersect at or near right angles
shall be clear at elevations between twenty-four inches (24") and
nine feet (9') above the top of the curb elevation, within a triangular
area formed by extending the two curb lines from their point of intersection,
for the following minimum distances for the applicable intersection,
and connecting these points with an imaginary: line, thereby making
a triangle. If there are no curbs existing, the triangular area shall
be formed by extending the property lines from their point of intersection
for a distance as prescribed below, and connecting these points with
an imaginary line, thereby making a triangle as shown below.
(2)
Intersection of Two Public Streets - the minimum required distance
from the curb shall be 30 feet (30') and the minimum distance from
the property line on streets without a curb shall be 20 feet (20').
(3)
Intersection of a Public Street and an Alley - the minimum required
distance measured from the property line shall be 15 feet (15'), or
25 feet (25') from street curb.
(4)
Intersection of Private Drive and Public Street - the minimum required
distance from the curb shall be 15 feet (15') and the minimum distance
from the property line on streets without a curb shall be 10 feet
(10').
(5)
Intersection of Private Drive and an Alley - the minimum required
distance measured from the property line shall be 10 feet (10').
(c)
Sight Distance Requirements.
The City hereby adopts
the standards for both vertical and horizontal sight distance requirements
set forth in the 1984 Edition of AASHTO Green Book, "A Policy on Geometric
Design of Highways and Streets" for the construction of both public
street intersections and private drive intersections, unless otherwise
approved by the City Engineer. If, in the opinion of the City Engineer,
a proposed street or drive intersection may not meet these standards,
additional engineering information exhibiting how the standards have
been addressed may be required for submission and approval by the
City's Engineer.
 |
(Ordinance 2017-06-21, sec. 2 (14.806),
adopted 6/26/17)
(a)
In Accordance with Approved Plans.
Except as otherwise
provided herein, all landscaping must be completed in accordance with
the approved landscape plan before a Certificate of Occupancy may
be issued for any building on the lot.
(b)
Escrow and Assurance.
If, due to circumstances beyond
the property owner's control, the required landscaping cannot be installed
prior to completion of the building and if the property owner provides
the building official with documented assurance that the landscaping
will be completed within six months and the funds required to complete
the project are placed in escrow with the City, the building official
may issue one six-month temporary Certificate of Occupancy and permit
the property owner to complete his landscaping during the six-month
period. For purposes of this Subsection, "documented assurance" means
a copy of a valid contract to install the landscaping in accordance
with the landscape plan within the six-month period. The City shall
hold the funds in escrow until such time as the landscaping is completed
in accordance with the approved plan.
(c)
Forfeiture of Escrow.
If a temporary Certificate of
Occupancy is issued, and, at the end of the six-month period, no permanent
Certificate of Occupancy has been issued because the landscaping has
not been installed in accordance with the landscape plan, the property
owner shall be deemed in violation of this article, the funds placed
in escrow shall be forfeited, and the City shall issue a citation
for said violation, unless an extension is granted by the City Manager.
(Ordinance 2017-06-21, sec. 2 (14.807),
adopted 6/26/17)
(a)
Maintenance Requirement.
(1)
Maintenance of Landscaping.
(A)
The owner, tenant and/or their agent, if any, shall be jointly and
severally responsible for the maintenance of all landscaping. The
owner, tenant and/or their agent is responsible for regular mowing,
edging, pruning, fertilizing, watering, weeding and other such activities
common to the maintenance of landscaping.
(B)
All required landscaping shall be maintained in a neat and orderly
manner at all times. Landscaped areas shall be kept free of trash,
litter, weeds and other such material or plants not a part of the
landscaping. All plant material shall be maintained in a healthy and
growing condition as is appropriate for the season of the year.
(2)
Replacement of Dead Plant Materials.
Plant materials
which die shall be removed and replaced with plant material of similar
variety and size within sixty (60) days. Trees with a trunk diameter
in excess of six inches (6") measured twenty-four inches (24") above
the ground may be replaced with ones of similar variety having a trunk
caliper of no less than three inches (3") measured twenty-four inches
(24") above the ground. A time extension may be granted by the building
official for conditions relating to a season of the year per the requirements
of this section.
(b)
Enforcement.
Failure to maintain any landscape area
in compliance with this section is considered a violation of this
article and shall be subject to penalties of this article. If at any
time after the issuance of a certificate of occupancy the approved
landscaping is found to be in nonconformance to the standards and
criteria of this section, the building official or designee shall
issue notice to the owner, tenant and/or their agent citing the violation
and describing the action required to comply with this section.
(c)
Utility Lines and Rights-of-Way.
Any damage to utility
lines resulting from the negligence of the property owner, his agents,
or employees in the installation and maintenance of required landscaping
in a utility easement is the responsibility of the property owner.
If a public utility disturbs a landscaped area in a utility easement,
it shall make every reasonable effort to preserve the landscaping
materials, and return them to their prior locations after the utility
work. If, nevertheless, some plant materials die, it is the obligation
of the property owner to replace the plant materials.
(Ordinance 2017-06-21, sec. 2 (14.808),
adopted 6/26/17)
